Ontario's Regulatory Registry

Regulation - LGIC

Proposed new regulations for Small Drinking Water Systems under the Health Protection and Promotion Act

Regulation Number(s):

Ontario Regulation 252/05

Bill or Act:

Safe Drinking Water Act , 2002

Summary of Decision:

The Health System Improvements Act (HSIA) received Royal Assent on June 4, 2007. Schedule D of the HSIA provides for the transfer of responsibility for oversight of five (5) categories of small drinking water systems from the Ministry of Environment (MOE) to the Ministry of Health and Long-Term Care (MOHLTC), provided they do not serve designated facilities.

Two new regulations made under the Health Protection and Promotion Act related to small drinking water systems have now been filed and were published in the Ontario Gazette on October 4, 2008: O. Reg. 318/08 (Transitional - Small Drinking Water Systems) and O. Reg. 319/08 (Small Drinking Water Systems).

On December 1, 2008, when the relevant subsections of Schedule D of the HSIA and the new regulations come into force, oversight of these small drinking water systems will be under MOHLTC. Public health inspectors will then begin conducting individual site-specific risk assessments of small drinking water systems in the province.

The regulations under the Health Protection and Promotion Act (HPPA) being posted for consultation are as follows:

Transition Regulation: Following the transfer of responsibilitiy of small drinking water systems to MOHLTC, current requirements of Ontario Regulation 252/05 under the Safe Drinking Water Act, 2002 (SDWA) for small drinking water systems would continue to apply to these systems under a "transition" regulation under the HPPA. Current requirements for operators of small drinking water systems would continue until the system has received an initial risk assessment by a medical officer of health or PHI and a directive has been issued, at which time, the permanent regulation would come into effect.

Permanent Regulation: Upon completion of the initial site-specific risk assessment, a PHI or medical officer of health would issue a binding directive to the system owner at which point the small drinking water system would become subject to the requirements of the "permanent" regulation under the HPPA and would have to meet the requirements for the system as issued by the PHI or medical officer of health in the directive.